The High Court held that amending a prospectus for postgraduate medical admissions and setting aside a service quota is a matter of Government policy. The Court refused to compel the Government to continue or introduce such a quota and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932
WP(C).No. 765 of 2009(N)
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PETITIONER(S):
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DR.P.SIVASANKARA PILLAI, DEPUTY DIRECTOR, FACTORIES AND BOILERS DEPARTMENT, MONICHEPPU, KAIRALI NAGAR - 14, VALLIKEZHU, KOLLAM.
BY ADV. SRI.PRATHEESH.P
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY HEALTH SECRETARY, THIRUVANANTHAPURAM.
2. DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
3. CONTROLLER OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM.
R1 TO R3 BY GOVERNMENT PLEADER SRI. M.A. ASIF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.765/2009 N
APPENDIX
PETITIONER'S EXHIBITS:
| P1: | COPY OF THE PROSPECTUS FOR MEDICAL POST GRADUATE DEGREE/ DIPLOMA COURSES, 2008. |
|---|---|
| P2: | COPY OF THE PROSPECTUS FOR THE YEAR 2009. |
| P3: | COPY OF THE DATE OF BIRTH CERTIFICATE. |
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 765 of 2009
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2010
J U D G M E N T
The petitioner is a Deputy Director in the Department of Factories and Boilers, Government of Kerala. The petitioner is an MBBS graduate who obtained the degree in 1992 and is working in the State service from 01.04.1993 onwards. From 2004 onwards, the State of Kerala reserved one seat for admission to postgraduate medical degree/diploma courses for employees of Factories and Boilers Department. However in the prospectus for the year 2009, the said quota has been deleted. In the above circumstances the petitioner has filed this writ petition seeking the following reliefs:
W.P.(C)No. 765 of 2009
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S. SIRI JAGAN JUDGE
shg/
2 issues framed by the court
Whether this Court can compel the Government to set apart a quota for admission to medical postgraduate courses for employees of the Factories and Boilers Department.
Whether the deleting of the service quota in the 2009 prospectus was beyond the Government's policy discretion.
Dr. P. Sivasankara Pillai
State of Kerala
Directorate of Medical Education
Controller of Entrance Examination
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
